updated 09:25 pm EDT, Thu November 1, 2012
Motion seeks clarification of remarks made by Schiller post-trial
The post-trial positioning by Apple and Samsung continues. In an order filed on Thursday, Magistrate Judge Paul Grewal ordered that Samsung be allowed to question Apple's Senior Vice President of Worldwide Marketing Phil Schiller for up to three hours. Samsung's attorneys are seeking to clarify comments made in support of a potential ban on Samsung devices found to be in violation of Apple patents in the landmark trial.
Samsung believes that some of the comments made by Schiller are "new or in conflict with his testimony at trial" and the Korean manufacturer believes that they should not be allowed. The deposition is ordered to take place no later than November 5, and under no circumstances will exceed three hours.
Apple was awarded the right to cross-examine four expert witnesses for three hours, and was ordered to present three witnesses including Schiller. Apple originally fought the order by asking for a clarification, suggesting that Schiller didn't qualify as an expert witness and should be exempt from the deposition. Grewal's order leaves no doubt as to what his intention is, and how Apple needs to comply.
The case was brought by Apple after Samsung ignored warnings in 2010 from both the iPhone maker and its rival Google that Samsung's products were too derivative of Apple's designs in both trade dress and software. Apple accused the company of "slavishly" copying from its innovations, down to the particular shade of green used in the identical "phone" icon.
Samsung's public habit of making its retail stores, promotional videos and signage resemble Apple's as closely as possible, coupled with the sharp change in designs following the iPhone and iPad's introductions have left the public with the strong impression of the South Korean company as being prone to copying. The sentiment was picked up on and spoofed in a video produced by talk show host Conan O'Brien's staff that aired nationally in the middle of the trial.
Samsung countersued Apple, claiming it had in fact infringed on two of Samsung's patents, for which it asked for $400 million in compensation and was awarded nothing. A post-trial hearing to resolve outstanding issues brought by the trial and award is scheduled for the beginning of December.